S02 - 36C25925Q0325_Underground Tank Inspection_Need date 5 -20-2025.pdf
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- Attached to
- F109--Underground Storage Tank (UST) Inspection
- Solicitation number
- 36C25925Q0325
About this file
This document is a Department of Veterans Affairs (VA) solicitation for underground storage tank (UST) inspection services at the Montana Veterans Affairs Healthcare System (MTVAHCS) in Fort Harrison, Montana. The contract is an Indefinite Delivery/Indefinite Quantity (IDIQ) firm-fixed-price agreement with a base year and four one-year option periods, running from May 15, 2025, through May 14, 2030.
The scope involves conducting annual Operator's Annual Inspections (OAI) on four underground storage tanks (#2216, #5278, #5366, and #2214), which range in capacity from 1,000 to 10,000 gallons. Required services include sensor/probe functionality tests, hydrostatic spill bucket tests, piping sump hydrostatic tests, spill prevention device inspections, and overfill prevention device evaluations. The contractor must be licensed by the Montana Department of Environmental Quality and perform inspections in October of each year, with the first inspection due in October 2025. The solicitation is set aside for small businesses, with a NAICS code of 541330 (Engineering Services) and a size standard of $25.5 million.
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Other files
| File | Type | Posted |
|---|---|---|
| 36C25925Q0325 0001.docx | DOCX document | |
| Attachment 2_B.3 PRICE_COST SCHEDULE.pdf | ||
| Attachment 1 _Question and answers for underground Tank Inspection Services.pdf | ||
| 36C25925Q0325_1.docx | DOCX document |
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
436-25-2-5071-0023
36C25925Q0325
David Glanton 303-712-5703 04-24-2025
10AM MDT
36C259
Department of Veterans Affairs
Network Contracting Office
NCO 19
6162 South Willow Drive, Suite 300
Greenwood Village CO 80111
X 100
X
541330
$25.5 Million
N/A
X
Department fo Veteran Affairs
Montana Veterans Affairs Healthcare
System (MTVAHCS)
3687 Veterans Road
Fort Harrison MT 59636
36C259
Department of Veterans Affairs
Network Contracting Office
NCO 19
6162 South Willow Drive, Suite 300
Greenwood Village CO 80111
Submitted Electronically
Department of Veterans Affairs
Financial Service Center
PO Box 149971
Austin TX 78714-9971
See CONTINUATION Page
The Contractor shall conduct Inspection and Testing on four tanks numbered #2216, #5278, #5366 and #2214 and all relevant and associated equipment.
$0.00
See CONTINUATION Page
X X
Charles Gritzmacher
Contracting Officer
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION
B.2 STATEMENT OF WORK
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
B.4 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.2 52.216-18 ORDERING (AUG 2020)
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)
C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 25
C.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)
C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 29
C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.12 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)
C.13 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-
OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)
C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (JAN 2025)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
D.1 Wage Determination Service Contract Act 2015-5399
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL
ITEMS
E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT
ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)
E.5 52.216-1 TYPE OF CONTRACT (APR 1984)
E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
E.8 Addendum to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2021)
E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION
(Continuation from Standard Form 1449, block 18A.)
B.1.1. Contract Administration: All contract administration matters will be handled by the following individuals:
B.1.1.1. CONTRACTOR: Name: ________________________ Title: _________________________ Company: _____________________ Address: ______________________ Telephone#: ___________________
FAX #: ________________________
E-mail address: _________________
B.1.1.2. GOVERNMENT: Contracting Officer
Department of Veterans Affairs Rocky Mountain Network NCO 19 Contracting 6162 S. Willow Drive, Suite 300 Greenwood Village, CO 80111 Telephone: 303-712-5703
FAX: 303-712-5730
E-mail: david.glanton@va.gov NCO19Services2@va.gov
B.1.2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (SAM), or
[N/A] 52.232-36, Payment by Third Party
B.1.3. GOVERNMENT INVOICE ADDRESS: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] MONTHLY IN ARREARS
B.1.4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically to the VA Financial Services Center for payment processing, free of charge. For any questions about the e-invoicing program, please contact the FSC at the phone number or email address listed below:
• OB10/Tungsten e-Invoice Setup Information: (877) 752-0900
• OB10/Tungsten e-Invoice email: USClientServices@ob10.com
• FSC e-Invoice Contact Information: (877) 353-9791
• FSC e-invoice email: vafsccshd@va.gov mailto:david.glanton@va.gov mailto:NCO19Services2@va.gov http://USClientServices@ob10.com http://vafsccshd@va.gov
• The following two codes will be required when creating a vendor profile in OB10:
OB10 Buyer Number AAA544240062 Promo Code: VAPC7Y18
B.1.5. CONTRACTOR’S UNIQUE ENTITY ID (SAM): Please provide the Contractor’s Unique Entity ID number to be utilized for this contract: _________________________
B.1.6. TAX IDENTIFICATION NUMBER: Please provide the tax identification number to be utilized for this contract: _________________________
B.1.7. PERIOD OF PERFORMANCE: Services required herein shall be for the following time period:
Base : May 15, 2025, through May 14, 2026 Ordering Period 1: May 15, 2026, through May 14, 2027 Ordering Period 2: May 15, 2027, through May 14, 2028 Ordering Period 3: May 15, 2028, through May 14, 2029 Ordering Period 4: May 15, 2029, through May 14, 2030
B.2 STATEMENT OF WORK
Underground Storage Tank (UST) Inspection
1. Scope: Conduct sump sensor/probe functionality tests, overfill valve tests, and tank monitor inspections. Inspection and testing will be conducted on 4 tanks numbered 2216, 5278, 5366, 2214 (inactive tank) and all relevant and associated equipment. In addition to the annual Operator’s Annual Inspection (OAI) requirements, contractor shall verify and test additional items that are required every 3 years, on the appropriate due dates. These items include Hydrostatic spill buckets tests, piping sump hydrostatic tests, spill prevention devices, and overfill prevention devices. Compliance inspection and testing was conducted November 14, 2023, for tank spill buckets and piping sump containments, spill prevention equipment, and overfill prevention devices. As a triennial requirement, these items will need to be tested again in 2026. Manway on the top of the tanks is 36”. The time frame needed for the tanks to be inspected is October of each year.
#2216 capacity 4,000 gallons #5278 Capacity 8,000 gallons #5366 Capacity 10,000 gallons #2214 Capacity 1,000 gallons gas
2. GENERAL: This is a non-personnel services contract to complete the Operators Annual
Inspection (OAI) as required by the Montana Department of Environmental Quality (MT DEQ) for underground storage tanks associated with the Montana Veterans Affairs Healthcare System
(MTVAHCS), located at 3687 Veterans Road, Fort Harrison, MT. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the
Government.
3. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the OAI as required by MT DEQ and as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.
4. Background: The Energy Policy Act and Montana Code Title 75 Chapter11, require the completion of an underground storage tank compliance inspection (OAI) by a MT Licensed
Inspector annually, within one year of the previous inspection.
5. Objectives: Complete the OAI as required by the MT DEQ, in accordance with all applicable rules and regulations.
Call Back and Emergency Calls: The contractor shall provide callback services. Callback service is defined as requests for service from the Contracting Officer Representative (COR) to correct any problem or condition that needs attention before the contractor's next scheduled visit. Callback service consists of responding to service call and beginning to take corrective action within seven calendar days. Equipment malfunctions shall be corrected the same day that the issue was identified. If circumstances beyond the control of the contractor preclude resolution of the problem that day, the COR must be notified.
Emergency callback services shall be provided twenty-four (24) hours per day, seven (7) days per week.
Contractor shall have the service ticket on each service call signed by the COR. Service ticket shall identify the respective piece of equipment, description of the problem, description of corrective measures taken, and date and time it was returned to regular service.
Contractor shall notify the COR by telephone or in person after completion of each regular time service call. The status of repair shall be reported before departure from the medical center.
Except for emergency callback service, the contractor shall perform all work during regular working hours of regular workdays, unless specifically instructed otherwise by the COR.
Under no circumstances will any shutdown or breakdown last longer than five (5) working days
(forty (40) working hours) from initial notification to the contractor, without prior approval of the
COR.
All tests, inspections or maintenance repairs that will remove equipment from service shall be scheduled in advance with the COR.
The contractor shall notify the COR when placing equipment back in service.
Contractor's employees shall turn in daily work order, repair order or a form that will furnish the following information to the COR:
- Name and address of the contractor.
- Name of contractor's employee in charge of work.
- Date work was performed, and hours expended.
- Description of work performed and equipment identification.
- Signature of contractor's employee and signature block for COR.
The contractor shall immediately notify the COR in writing of the existence or the development of any defects in, or repairs required to the equipment which the contractor considers are not covered by the contract and shall furnish a written estimate, when requested, of the cost. Final determination of work approval will be by mutual agreement between the Contracting Officer and the contractor.
6. Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four 12-month option years. The Period of Performance reads as follows:
Base Year
Option Year I
Option Year II
Option Year III
Option Year IV
7. Quality Control: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
8. Recognized Holidays: The Contractor is not required to perform services on holidays.
▪ New Year’s Day
▪ Dr. Martin Luther King Jr’s Birthday
▪ Presidents’ Day
▪ Memorial Day
▪ Juneteenth
▪ Independence Day
▪ Labor Day
▪ Columbus Day
▪ Veteran’s Day
▪ Thanksgiving Day
▪ Christmas Day
9. Hours of Operation: The contractor is responsible for conducting business between the hours of 7:30 am to 4:00 pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by US Government Agencies.
10. Place of Performance: The work to be performed under this contract will be performed at the Montana Veteran Affairs Medical Center located at 3687 Veterans Dr., Fort Harrison MT.
11. Type of Contract: The government will award an Indefinite delivery Indefinite Quantity
Contract (IDIQ)
12. Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.
13. Special Qualifications: Contractor must possess and maintain all necessary qualifications and/or certifications to perform the OAI, as required by the MTDEQ.
14. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.
15. Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the
Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the
Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies;
coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
16. Key Personnel: The following personnel are considered key personnel by the government: MTVAHCS Facility Maintenance Supervisor Chief, Facility Maintenance
Supervisor, Facility Maintenance Operators, and Environmental Management Systems
Manager. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.
17. Data Rights: All results of the OAI shall be made available to the MTVAHCS as soon as possible, but not less than 14 days from the completion of the inspection.
18. Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR
Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The
Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the
Contracting Officer and in the event the Contracting Officer unilaterally determines that any such
OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.
19. Unscheduled Repair Requirements: Unscheduled Repairs shall be performed at the direction of the VA Contracting Officer. The vendor and the VA Contracting Officer will agree on the Scope of Work, labor hours, and parts cost prior to the commencement of work. Vendor shall submit the following associated with unscheduled repairs:
1. Labor Hours
2. Parts Cost. The Contractor shall be responsible for furnishing and installation of replacement parts for the following system components. All parts shall be of the original
20. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract.
21. Specific Tasks: The contractor shall conduct the annual OAI to the satisfaction of the
MTVAHCS and the MTDEQ in accordance with all applicable rules and regulations. The OAI includes sump sensor/probe functionality tests, overfill valve tests, and tank monitor inspections.
Inspection and testing will be conducted on 4 tanks numbered 2216, 5278, 5366, 2214 (inactive tank) and all relevant and associated equipment. In addition to the annual OAI requirements, contractor shall verify and test additional items that are required every 3 years, on the appropriate due dates. These items include Hydrostatic spill buckets tests, piping sump hydrostatic tests, spill prevention devices, and overfill prevention devices. Triennial compliance items were last completed November 14, 2023, as a triennial requirement, these items will need to be tested again in 2026.
22. APPLICABLE PUBLICATIONS (CURRENT EDITIONS) The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. This includes, but is not limited to:
• U.S. Code, Title 42, Chapter 82, Subchapter IX: This law incorporates amendments to the Solid Waste Disposal Act and the Energy Policy Act of 2005.
• 40 CFR Section 280.12: This federal regulation defines releases from USTs.
• 40 CFR Subpart F: This federal regulation describes the cleanup process.
• Montana Code Annotated 2023, Title 75. Environmental Protection, Chapter 11.
Underground Storage Tanks.
TECHNICAL EXHIBIT 1
Performance Requirements Summary
The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
Performance Objective
(The Service required—usually a shall statement)
Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)
Method of
Surveillanc e
PRS # 1.
The contractor shall conduct the
Operator’s Annual Inspection
(OAI) within one year of the previous OAI.
The contractor shall follow all applicable rules, standards, and regulations including Montana MCA
Title 75 Chapter 11., 40 CFR Parts
280-281, and any EPA and/or CFR requirements.
No deviation from
EPA, MTDEQ, CFR
standards and regulations.
Periodic surveillance by FMS, and
GEMS staff.
TECHNICAL EXHIBIT 2
DELIVERABLES SCHEDULE
Deliverable Frequency # of Copies Medium/Format Submit To
All relevant documentation
(typed) of the
OAI.
Once, within 10 business days of completion.
Electronic copy via email.
GEMS Manager or FMS
Supervisor
Required documentation to
MTDEQ.
Once, within 7 business days of completion.
1 Hard copy or electronic via email.
MTDEQ
Underground
Storage Tank
Program
Manager
TECHNICAL EXHIBIT 3
ESTIMATED WORKLOAD DATA
ITEM
NAME
ESTIMATED QUANTITY
1 Contractor on site hours for OAI, for one year.
This estimate based on most recent OAI conducted.
8 HRS
2 Contractor estimated off site hours for documentation, record keeping/submittals, etc.
for one year.
4 HRS
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBE
R
DESCRIPTION OF
SUPPLIES/SERVI
CES
QUANTI
TY
UNI
T UNIT PRICE AMOUNT
1.00 YR _______________
Tank Monitor Inspection Tank #2216 Contract Period: Base POP Begin: 05-15-2025 POP End: 05-14-2026 PRINCIPAL NAICS CODE: 541330 - Engineering Services PRODUCT/SERVICE CODE: F109 - Environmental Systems Protection - Leaking Underground Storage Tank Support
Tank Monitor Inspection, Tank #5278 Contract Period: Base POP Begin: 05-15-2025 POP End: 05-14-2026 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection Tank # 5366 Contract Period: Base POP Begin: 05-15-2025 POP End: 05-14-2026 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection, Tank #2214 Contract Period: Base POP Begin: 05-15-2025 POP End: 05-14-2026 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection Tank #2216 Contract Period: Option 1 POP Begin: 05-15-2026 POP End: 05-14-2027 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection Tank #5278 Contract Period: Option 1 POP Begin: 05-15-2026 POP End: 05-14-2027 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection Tank # 5366 Contract Period: Option 1 POP Begin: 05-15-2026 POP End: 05-14-2027 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection, Tank #2214 Contract Period: Option 1 POP Begin: 05-15-2026 POP End: 05-14-2027 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection Tank #2216 Contract Period: Option 2 POP Begin: 05-15-2027 POP End: 05-14-2028 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection, Tank #5278 Contract Period: Option 2 POP Begin: 05-15-2027 POP End: 05-14-2028 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection Tank # 5366 Contract Period: Option 2 POP Begin: 05-15-2027 POP End: 05-14-2028
PRINCIPAL NAICS CODE: 541330 - Engineering Services PRODUCT/SERVICE CODE: F109 - Environmental Systems
Tank Monitor Inspection, Tank #2214 Contract Period: Option 2 POP Begin: 05-15-2027 POP End: 05-14-2028 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection Tank #2216 Contract Period: Option 3 POP Begin: 05-15-2028 POP End: 05-14-2029 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection, Tank #5278 Contract Period: Option 3 POP Begin: 05-15-2028 POP End: 05-14-2029 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection Tank # 5366 Contract Period: Option 3 POP Begin: 05-15-2028 POP End: 05-14-2029 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection, Tank #2214 Contract Period: Option 3 POP Begin: 05-15-2028 POP End: 05-14-2029 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection Tank #2216 Contract Period: Option 4 POP Begin: 05-15-2029
POP End: 05-14-2030 PRINCIPAL NAICS CODE: 541330 - Engineering Services PRODUCT/SERVICE CODE: F109 - Environmental Systems
Tank Monitor Inspection, Tank #5278 Contract Period: Option 4 POP Begin: 05-15-2029 POP End: 05-14-2030 PRINCIPAL NAICS CODE: 541330 - Engineering Services
Tank Monitor Inspection, Tank #5366 Contract Period: Option 4 POP Begin: 05-15-2029 POP End: 05-14-2030 PRINCIPAL NAICS CODE: 541330 - Engineering Services
1.00
YR
Tank Monitor Inspection, Tank #2214
Contract Period: Option 4 POP Begin: 05-15-2029 POP End: 05-14-2030 PRINCIPAL NAICS CODE: 541330 - Engineering Services
GRAND TOTAL _______________
B.4 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The
Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered;
and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims
Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the
Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the
Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by
Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt
Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-
5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting
Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the
Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the
Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The
Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the
Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain
Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with
Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service
(TOS), or similar legal instrument or agreement, that includes any clause requiring the
Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.2 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 15, 2025 through May 14, 2030.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the
Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor’s email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of Clause)
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of $50,000;
(2) Any order for a combination of items in excess of $100,000; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection
52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the
Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the
Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;
provided, that the Contractor shall not be required to make any deliveries under this contract after May 14, 2030.
(End of Clause)
C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR
2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
(End of Clause)
C.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification
System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to—
(1) Contracts that have been set aside for any of the small business concerns identified in
19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts
19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are—
(i) Set aside for small business concerns under multiple-award contracts, as described in
8.405–5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are—
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the
Contractor agrees that in performance of a contract assigned a North American Industry
Classification System (NAICS) code for—
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than…
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